Video evidence challenged in Lancaster murder trial

A surveillance video depicts two men charged with Diana Spencer's murder walking and chatting on a Lancaster city street.

Seconds later, the men knock on Spencer's door and shots are fired, the video shows, according to court testimony.

Prosecutors argue the video is valid evidence against Jakwan Green when he's tried in January.

Green's defense team counters the video - and audio recordings - were captured illegally and should be booted from trial.

"Two people just walking down a public street don't think they are going to have their conversations recorded," said defense lawyer Christopher Lyden, citing it as a breach of the state's wiretap laws.

In fact, Lyden said, the private business owner who captured the footage committed a crime by recording audio.

Lancaster County Judge David Ashworth will make a ruling on the footage in the near future.

Ashworth announced he will preside over the trial, beginning on Jan. 7. Green, 23, said today he has opted to be tried without a jury.

He is facing the death penalty for the April 16, 2011, killing of Spencer, a 33-year-old mother of four.

Oscar Martinez and Green are charged with going to Spencer's home in search of a man. Spencer came to the door and Martinez opened fire, shooting her through the door, according to police.

Multiple children were inside, but none weren't struck by gunfire.

Martinez has pleaded guilty to first-degree murder in exchange for a life sentence.

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First Assistant District Attorney Christopher Larsen said the four surveillance cameras, on a business at Pacific Avenue and Old Dorwart Street, were in "plain view" of anyone on the block. Green and Martinez should have known they were being watched, Larsen suggested.

Lyden countered the men had a right to believe their conversations were private.

(The recording wasn't played in court, but the footage is believed to be incriminating. Lyden acknowledged his client is one of the men seen walking.)

Also, Lyden said, the men were on the block at 1 a.m. when it was pitch-dark, aside from street lighting.

Ashworth, during the 90-minute hearing, asked if the attorneys felt the video alone would be admissible at trial.

Lyden claimed it is all part of a single illegal recording and shouldn't be allowed.

"This (business owner) captured people walking and talking on a public street," he said. "It was an illegal act."

Larsen said, at the very least, the video footage should be allowed.

"When cameras are so prevalent, any reasonable person would assume they are being recorded," he said.

A third person charged in the killing, Christopher Lassitter, is scheduled to go to trial in March.

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